GALEA v NEW SOUTH WALES EGG CORPORATION [1989] NSWCA 81

GALEA v NEW SOUTH WALES EGG CORPORATION

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P, SAMUELS and MEAGHER JJA 5 October 1989, 21 November 1989

[1989] NSWCA 81

PRACTICE and PROCEDURE — appeal out of time — extension of time — considerations relevant — explanation for the failure to appeal within time — demonstration of an arguable case — appellant announces to court by senior counsel that no appeal will be brought against declarations and orders for the payment of damages — purported appeal six months later, after damages assessed — whether within time — whether extension should be granted — held: (1) The appeal was not within time and the appellant required an order extending time to add the grounds of challenge to the earlier orders.

Smith v Tabain (1987) 10 NSWLR 562 and National Employers Mutual General Insurance Association Ltd v Manufacturers Mutual Insurance Ltd and Ors, Court of Appeal, unreported, 21 June 1989; (1989) NSWJB 128 distinguished;

CONSTITUTIONAL LAW - State Act - validity of - challenge to as in breach of Magna Carta, Imperial Acts, fundamental rights and the suggested limitation in the constitutional provision empowering laws to be made for the "peace, welfare and good government" of the State - whether arguable case such as would involve a substantial injustice to the appellant if he were denied the opportunity to argue it - held: (Semble) The appellant's case did not have legal merit and accordingly no substantial injustice was done in the circumstances by refusing him leave to add the constitutional grounds of challenge.

Union Steamship Co of Australia Ltd v King (1988) 62 ALJR 645, 648; Building Construction Employees and Builders' Labourers Federation of New South Wales v Minister for Industrial Relations (1986) 7 NSWLR 372 applied; Jago v The District Court of New South Wales, unreported, High Court of Australia, 12 October 1989 referred to.